A first-offense operating while intoxicated (OWI) conviction in Michigan is a misdemeanor that can bring up to 93 days in jail, a fine of $100 to $500, and up to 360 hours of community service. The charge is set by MCL 257.625(1), and the penalties are in MCL 257.625(9)(a). A conviction can also affect your license and your insurance, so the case deserves a defense even when it is a first offense.
Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.
First-offense OWI at a glance
| Charge | Operating while intoxicated (OWI), MCL 257.625(1) |
|---|---|
| Level | Misdemeanor |
| Jail | Up to 93 days |
| Fine | $100 to $500 |
| Community service | Up to 360 hours |
| Legal limit | 0.08 grams of alcohol per 100 mL of blood, 210 L of breath, or 67 mL of urine (MCL 257.625(1)(b)) |
| Where it is heard | The district court for the city or township where you were arrested |
Penalties are those stated in the statute. A judge may impose one or more of them, and your sentence can also include probation, costs, and license consequences that are not listed here.
What does the prosecutor have to prove?
The prosecutor must show that you operated a vehicle and that you were under the influence of alcohol, or had a blood alcohol content of 0.08 or more, when you did so. Each part can be challenged.
Common defenses
- The traffic stop. An officer needs a lawful reason to stop your vehicle. If the stop was unlawful, evidence gained from it may be challenged.
- The arrest. The officer must have probable cause to arrest you. Field sobriety tests and officer observations can be questioned.
- The chemical test. Breath, blood, and urine results depend on proper procedures and equipment. Timing, handling, and testing methods are all open to review.
- Operation. The state must prove you were the person operating the vehicle.
How does the case move through court?
- Arraignment. You are told the charge, bond conditions are set, and a plea is entered.
- Pretrial. Your attorney reviews the police report, video, and test records, and may file motions.
- Resolution. The case ends in a dismissal, a plea, or a trial.
Related pages: DUI and OWI defense, high BAC (0.17 or more), operating while visibly impaired, and third-offense felony OWI.
Frequently asked questions
Is a first OWI in Michigan a felony?
No. A first offense is a misdemeanor under MCL 257.625(9)(a). A third offense is a felony.
Can I go to jail for a first OWI?
Yes. The statute allows up to 93 days in jail, but a court may impose other penalties instead of or in addition to jail.
What is the legal limit?
0.08 grams of alcohol or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
Talk to a Detroit OWI defense attorney
If you were arrested for OWI in Wayne, Oakland, or Macomb County, call Attorney Kevin Bessant at 313-658-8159 for a free consultation.
Legal Authority
The offense and penalties are in MCL 257.625 of the Michigan Vehicle Code. Read the text of MCL 257.625 on the Michigan Legislature’s website. This page is general information, not legal advice.